Terms & Conditions
1. Definitions
1.1 “Contract” means the terms and conditions contained herein, together with any quotation, order, invoice or other document or amendments expressed to be supplemental to this Contract.
1.2 “Waterboy Washing Ltd” means Waterboy Washing Ltd, its successors and assigns, or any person acting on behalf of, and with the authority of, Waterboy Washing Ltd.
1.3 “Client” means the person/s, entities or any person acting on behalf of and with the authority of the Client requesting Waterboy Washing Ltd to provide the Services as specified in any proposal, quotation, order, invoice or other
documentation, and:
(a) if there is more than one Client, is a reference to each Client jointly and severally; and
(b) if the Client is a partnership, it shall bind each partner jointly and severally; and
(c) if the Client is a part of a Trust, shall be bound in their capacity as a trustee; and
(d) includes the Client’s executors, administrators, successors and permitted assigns.
1.4 “Services” means all Services provided by Waterboy Washing Ltd to the Client, at the Client’s request, from time to time, and includes any goods, documents, designs, drawings or materials supplied, consumed, created or deposited
incidentally by Waterboy Washing Ltd in the course of it conducting, or providing to the Client, any Services.
1.5 “Confidential Information” means information of a confidential nature whether oral, written or in electronic form including, but not limited to, this Contract, either party’s intellectual property, operational information, know-how, trade
secrets, financial and commercial affairs, contracts, client information (including but not limited to, “Personal Information” such as: name, address, D.O.B, occupation, driver’s license details, electronic contact (email, Facebook or Twitter
details), medical insurance details or next of kin and other contact information (where applicable), previous credit applications, credit history) and pricing details.
1.6 “Cookies” means small files which are stored on a user’s computer. They are designed to hold a modest amount of data (including Personal Information) specific to a particular client and website, and can be accessed either by the
web server or the client’s computer. If the Client does not wish to allow Cookies to operate in the background when using Waterboy Washing Ltd’s website, then the Client shall have the right to enable / disable the Cookies first by
selecting the option to enable / disable provided on the website, prior to making enquiries via the website.
1.7 “Price” means the price payable (plus any Goods and Services Tax (“GST”) where applicable) for the Services as agreed between Waterboy Washing Ltd and the Client in accordance with clause 7 of this Contract.
2. Acceptance
2.1 The Client is taken to have exclusively accepted, and is immediately bound, jointly and severally, by these terms and conditions if the Client places an order for, or accepts, Services provided by Waterboy Washing Ltd.
2.2 In the event of any inconsistency between the terms and conditions of this Contract and any other prior document or schedule that the parties have entered into, the terms of this Contract shall prevail.
2.3 Any amendment to the terms and conditions contained in this Contract may only be amended in writing by the consent of both parties.
2.4 The Client acknowledges that the supply of Services on credit shall not take effect until the Client has completed a credit application with Waterboy Washing Ltd and it has been approved with a credit limit established for the account.
2.5 In the event that the supply of Services requested exceeds the Client’s credit limit and/or the account exceeds the payment terms, Waterboy Washing Ltd reserves the right to refuse delivery.
2.6 None of Waterboy Washing Ltd’s agents or representatives are authorised to make any representations, statements, conditions or agreements not expressed by the director or office manager of Waterboy Washing Ltd in writing, nor is
Waterboy Washing Ltd bound by any such unauthorised statements.
2.7 Electronic signatures shall be deemed to be accepted by either party providing that the parties have complied with Section 226 of the Contract and Commercial Law Act 2017 or any other applicable provisions of that Act or any
Regulations referred to in that Act.
2.8 Where the Client is a tenant (and therefore not the owner of the address where Services are to be provided) then the Client warrants that the Client has obtained the full consent of the owner for Waterboy Washing Ltd to provide the
Services at the owner’s address. The Client acknowledges and agrees that they shall:
(a) upon request from Waterboy Washing Ltd provide evidence that they have such consent; and
(b) be personally liable for full payment of the Price for all Services provided under this Contract and to indemnify Waterboy Washing Ltd against any claim made by the owner of the address (howsoever arising) in relation to the provision
of any Services by Waterboy Washing Ltd, except where such claim has arisen because of the negligence of Waterboy Washing Ltd when providing the Services.
3. Errors and Omissions
3.1 The Client acknowledges and accepts that Waterboy Washing Ltd shall, without prejudice, accept no liability in respect of any alleged or actual error(s) and/or omission(s):
(a) resulting from an inadvertent mistake made by Waterboy Washing Ltd in the formation and/or administration of this Contract; and/or
(b) contained in/omitted from any literature (hard copy and/or electronic) supplied by Waterboy Washing Ltd in respect of the Services.
3.2 In the event such an error and/or omission occurs in accordance with clause 3.1, and is not attributable to the negligence and/or wilful misconduct of Waterboy Washing Ltd; the Client shall not be entitled to treat this Contract as
repudiated nor render it invalid.
4. Change in Control
4.1 The Client shall give Waterboy Washing Ltd not less than fourteen (14) days prior written notice of any proposed change of ownership of the Client and/or any other change in the Client’s details (including but not limited to, changes in
the Client’s name, addresses, contact phone or fax number/s, change of trustees, or business practice). The Client shall be liable for any loss incurred by Waterboy Washing Ltd as a result of the Client’s failure to comply with this clause.
5. Contract Term
5.1 Where this Contract is for ongoing Services, the Contract term shall be for a period specified in Waterboy Washing Ltd’s quotation, and will automatically renew on a monthly basis unless terminated by either party in accordance with
clause 13.
5.2 The Client accepts and acknowledges that all fixed contracts shall be subject to an annual Price review and/or subsequent adjustment to allow for increases to Waterboy Washing Ltd in the cost of labour and materials, which are
beyond the control of Waterboy Washing Ltd.
6. Authorised Representatives
6.1 Unless otherwise limited as per clause 6.2, the Client agrees that should the Client introduce any third party to Waterboy Washing Ltd as the Client’s duly authorised representative, that once introduced that person shall have the full
authority of the Client to order any Services and/or to request any variation thereto, on the Client’s behalf (such authority to continue until all requested Services have been completed or the Client otherwise notifies Waterboy Washing Ltd
in writing that said person is no longer the Client’s duly authorised representative).
6.2 In the event that the Client’s duly authorised representative (as per clause 6.1) is to have only limited authority to act on the Client’s behalf then the Client must specifically and clearly advise Waterboy Washing Ltd in writing of the
parameters of the limited authority granted to their representative.
6.3 The Client specifically acknowledges and accepts that they will be solely liable to Waterboy Washing Ltd for all additional costs incurred by Waterboy Washing Ltd (including Waterboy Washing Ltd’s profit margin) in providing any
Services, or variation/s thereto, requested by the Client’s duly authorised representative (subject always to the limitations imposed under clause 6.2 (if any)).
7. Price and Payment
7.1 At Waterboy Washing Ltd’s sole discretion, the Price shall be either:
(a) as indicated on any invoice furnished to the Client by Waterboy Washing Ltd in respect of the Services provided; or
(b) the Price as at the date of provision of the Services, according to Waterboy Washing Ltd’s current price list; or
(c) Waterboy Washing Ltd’s quoted price (subject to clause 7.2) which will be valid for the period stated in the quotation or otherwise for a period of thirty (30) days.
7.2 Waterboy Washing Ltd reserves the right to change the Price:
(a) if a variation to the Services is requested by the Client, or required upon commencement of the Services (including, but not limited to, delayed or obstructed/inadequate access to the address, unavailability of a free water source, etc.);
or
(b) in the event Waterboy Washing Ltd suffers interruptions from any third party occupying the address which causes delays; or
(c) as a result of increases to Waterboy Washing Ltd in the cost of labour and/or materials (including where clause 5 applies), which are beyond the control of Waterboy Washing Ltd.
7.3 Waterboy Washing Ltd reserves the right to change the Price if a variation to Waterboy Washing Ltd’s quotation is requested. Variations will be charged for on the basis of Waterboy Washing Ltd’s quotation, and will be detailed in
writing, and shown as variations on Waterboy Washing Ltd’s invoice. The Client shall be required to respond to any variation submitted by Waterboy Washing Ltd within ten (10) working days. Failure to do so will entitle Waterboy
Washing Ltd to add the cost of the variation to the Price. Payment for all variations must be made in full at the time of their completion.
7.4 At Waterboy Washing Ltd’s sole discretion, a non-refundable deposit may be required.
7.5 Time for payment for the Services being of the essence, the Price will be payable by the Client on the date/s determined by Waterboy Washing Ltd, which may be:
(a) on completion of the Services; or
(b) due twenty (20) days following the end of the month in which a statement is sent to the Client’s address, or address for notices; or
(c) the date specified on any invoice or other form as being the date for payment; or
(d) failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Client by Waterboy Washing Ltd.
7.6 Payment may be made by cash, electronic/on-line banking, or by any other method as agreed to between the parties.
7.7 Waterboy Washing Ltd may in its discretion allocate any payment received from the Client towards any invoice that Waterboy Washing Ltd determines and may do so at the time of receipt or at any time afterwards. On any default by
the Client Waterboy Washing Ltd may re-allocate any payments previously received and allocated.
7.8 Waterboy Washing Ltd may in its discretion allocate any payment received from the Client towards any invoice that Waterboy Washing Ltd determines and may do so at the time of receipt or at any time afterwards. On any default by
the Client Waterboy Washing Ltd may re-allocate any payments previously received and allocated. In the absence of any payment allocation by Waterboy Washing Ltd, payment will be deemed to be allocated in such manner as
preserves the maximum value of Waterboy Washing Ltd’s Purchase Money Security Interest (as defined in the PPSA) in the Services.
7.9 Unless otherwise stated the Price does not include GST. In addition to the Price the Client must pay to Waterboy Washing Ltd an amount equal to any GST Waterboy Washing Ltd must pay for any provision of Services by Waterboy
Washing Ltd under this Contract, or any other Contract. The Client must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Client pays the Price. In addition, the Client must pay
any other taxes and duties that may be applicable in addition to the Price, except where they are expressly included in the Price.
7.10 The parties agree that the Client’s obligations to Waterboy Washing Ltd under this Contract shall not cease until:
(a) the Client has paid Waterboy Washing Ltd all amounts owing for the Services; and
(b) the Client has met all other obligations due by the Client to Waterboy Washing Ltd in respect of all contracts between the parties.
7.11 Receipt by Waterboy Washing Ltd 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.
7.12 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 Waterboy Washing Ltd, nor to withhold payment of any invoice because part of that invoice is in
dispute, this includes cases of suspected theft or other loss (including vandalism), which the Client must notify to Waterboy Washing Ltd promptly and Waterboy Washing Ltd shall provide their full cooperation to the resolution of any such claim. Furthermore, unless otherwise specified in writing by Waterboy Washing Ltd, no allowance has been made in the Price for the deduction of retentions. In the event that retentions are made, Waterboy Washing Ltd reserves the right
to treat all retentions as placing the Client’s account into default.
7.13 Where the Client requesting or organising Waterboy Washing Ltd to provide the Services is acting on behalf of any third party, and that third party is intended to be responsible for the payment (or part-payment) of the Price:
(a) Waterboy Washing Ltd shall not be responsible for collecting any payment from any third party intended to be a party to this Contract; and
(b) in the event that the third party does not pay for the Services when due, the Client acknowledges that they shall be liable for the payment of the Price as if they had contracted the Services on their own behalf.
8. Provision of the Services
8.1 Provision of the Services:
(a) shall take place when Waterboy Washing Ltd undertakes the Services at the Client’s nominated address; and
(b) to a third party nominated by the Client, is deemed to be provision of the Services to the Client for the purposes of this Contract; and
(c) shall be within Waterboy Washing Ltd’s normal trading hours. Where the Client requests Waterboy Washing Ltd to provide Services outside of these hours, the Client shall be charged in accordance with Waterboy Washing Ltd’s
current overtime rates, which are available on request.
8.2 Any date and time specified by Waterboy Washing Ltd for provision of the Services is an estimate only, and Waterboy Washing Ltd will not be liable for any loss or damage incurred by the Client as a result of any delay. However, both
parties agree that they shall make every endeavour to enable the Services to be provided at the date, time and place as was arranged between both parties. In the event that Waterboy Washing Ltd is unable to provide the Services, as
agreed, solely due to any action, or inaction, of the Client, then Waterboy Washing Ltd shall be entitled to charge a reasonable fee for re-providing the Services at a later date and time.
8.3 Waterboy Washing Ltd shall carry out day to day activities in strict accordance with the standards set out in its Health and Safety Manual. The Client acknowledges and agrees that where any work situation fails to meet those
standards, the Services may be suspended until such time as they can be completed without breaching the health and safety standards.
8.4 In the case of aged, degraded, or poorly/incorrectly applied paint or surface application, the washing process may cause the paint or surface application to flake or come free of the surface. Waterboy Washing Ltd shall not accept any
liability for damages caused to surfaces in this situation.
9. Client’s Responsibilities
9.1 The Client acknowledges and agrees that it is their responsibility to:
(a) ensure that Waterboy Washing Ltd has clear and free access to, and around, the address at all times to enable them to provide the Services without hindrance, and that such access is suitable to allow motor truck and trailer.
Waterboy Washing Ltd shall not be liable for any loss or damage to the address (including, but not limited to, damage to pathways, driveways and concreted or paved or grassed areas, gardens, lawns, etc.), unless due to the negligence
of Waterboy Washing Ltd, and any costs incurred by Waterboy Washing Ltd due to delays or hindrance for which it has not been responsible will be charged to the Client in accordance with clause 7.2; and
(b) provide Waterboy Washing Ltd with an adequate free source of water at all times to enable Waterboy Washing Ltd to provide the Services; and
(c) ensure that the address is reasonably ready for Waterboy Washing Ltd to commence the Services, with minimal tradespersons and works in progress, pets/animals safely contained and the removal of loose standing object from all
areas to be serviced (e.g. pot plants, barbecues, vehicles, furniture, ornaments, etc.); and
(d) fulfil any special conditions / requirements that may affect Waterboy Washing Ltd providing the Services at the address (including, but not limited to, health and safety equipment and/or work site inductions); and
(e) ensure that all joinery, flashings, exterior cladding and wall to floor surfaces (internal and external) are sealed against water entry; and
(f) ensure that all electronic components (which includes, but is not limited to, wall and ceiling sockets, switches, electronic alarms, sensors and automatic garage door openers, etc.) are isolated against water ingress; and
(g) organise, and meet all costs and expenses associated with, the disconnection and reconnection of any mains power entering any building/s on the address; and
(h) provide Waterboy Washing Ltd with a safe working environment, and comply with the provisions of all statutes, regulations and bylaws of government, local and other public authorities that may be applicable to the Services (including,
but not limited to, any occupational health and safety laws relating to building/construction sites and any other relevant safety standards or legislation). Waterboy Washing Ltd has not, and will not, assume any obligation as the Client’s
agent (or otherwise) as may be imposed on the Client, from time to time, pursuant to any relevant legislation or standards in relation to the Services.
9.2 Should scaffolding be necessary, the supply and erection of such scaffolding or planking suitable to Waterboy Washing Ltd’s requirements, and conforming with the Construction Act 1959, the Construction Regulations 1961 and the
Health and Safety at Work Act 2015 will be the responsibility of the Client, unless specified otherwise in Waterboy Washing Ltd’s quotation.
10. Personal Property Securities Act 1999 (“PPSA”)
10.1 Upon assenting to these terms and conditions in writing the Client acknowledges and agrees that these terms and conditions constitute a security agreement for the purposes of the PPSA, and creates a security interest in all the
Client’s present and after acquired property being a charge, including anything in respect of which the Client has at any time a sufficient right, interest or power to grant a security interest in for the purposes of securing repayment of all
monetary obligations of the Client to Waterboy Washing Ltd for Services that have previously been provided (if any), and that will be provided in the future, by Waterboy Washing Ltd to the Client.
10.2 The Client undertakes to:
(a) sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which Waterboy Washing Ltd may reasonably require to register a financing statement or
financing change statement on the Personal Property Securities Register; and
(b) indemnify, and upon demand reimburse, Waterboy Washing Ltd for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register or releasing any registration
made thereby; and
(c) not register, or permit to be registered, a financing statement or a financing change statement in relation to the registration in favour of a third party without the prior written consent of Waterboy Washing Ltd.
10.3 Waterboy Washing Ltd and the Client agree that nothing in sections 114(1)(a), 133 and 134 of the PPSA shall apply to these terms and conditions.
10.4 The Client waives its rights as a debtor under sections 116, 120(2), 121, 125, 126, 127, 129, and 131 of the PPSA.
10.5 Unless otherwise agreed to in writing by Waterboy Washing Ltd, the Client waives its right to receive a verification statement in accordance with section 148 of the PPSA.
10.6 The Client shall unconditionally ratify any actions taken by Waterboy Washing Ltd under clauses 10.1 to 10.5.
10.7 Subject to any express provisions to the contrary (including those contained in this clause 10), nothing in these terms and conditions is intended to have the effect of contracting out of any of the provisions of the PPSA.
11. Security and Charge
11.1 In consideration of Waterboy Washing Ltd agreeing to provide the Services, the Client charges all of its rights, title and interest (whether joint or several) in any land, realty or other assets capable of being charged, owned by the
Client either now or in the future, to secure the performance by the Client of its obligations under these terms and conditions (including, but not limited to, the payment of any money).
11.2 The Client indemnifies Waterboy Washing Ltd from and against all Waterboy Washing Ltd’s costs and disbursements including legal costs of a solicitor and own client basis incurred in exercising Waterboy Washing Ltd’s rights under
this clause.
11.3 The Client irrevocably appoints Waterboy Washing Ltd (and each director of Waterboy Washing Ltd) as the Client’s true and lawful attorney/s to perform all necessary acts to give effect to the provisions of this clause 11 including,
but not limited to, signing any document on the Client’s behalf.
12. Default and Consequences of Default
12.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at Waterboy Washing Ltd’s sole discretion such
interest shall compound monthly at such a rate) after as well as before any judgment.
12.2 If the Client owes Waterboy Washing Ltd any money, the Client shall indemnify Waterboy Washing Ltd from and against all costs and disbursements incurred by Waterboy Washing Ltd in recovering the debt (including but not limited
to internal administration fees, legal costs on a solicitor and own client basis, Waterboy Washing Ltd’s collection agency costs, and bank dishonour fees).
12.3 Further to any other rights or remedies Waterboy Washing Ltd may have under this Contract, if a Client has made payment to Waterboy Washing Ltd, and the transaction is subsequently reversed, the Client shall be liable for the
amount of the reversed transaction, in addition to any further costs incurred by Waterboy Washing Ltd under this clause 12, where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Client’s
obligations under this Contract.
12.4 Without prejudice to Waterboy Washing Ltd’s other remedies at law, Waterboy Washing Ltd shall be entitled to cancel all, or any part, of any order of the Client which remains unfulfilled, and all amounts owing to Waterboy Washing
Ltd shall, whether or not due for payment, become immediately payable if:
(a) any money payable to Waterboy Washing Ltd becomes overdue, or in Waterboy Washing Ltd’s opinion the Client will be unable to make a payment when it falls due;
(b) the Client has exceeded any applicable credit limit provided by Waterboy Washing Ltd;
(c) the Client becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.
13. Cancellation
13.1 Without prejudice to any other remedies Waterboy Washing Ltd may have, if at any time the Client is in breach of any obligation (including those relating to payment) under these terms and conditions Waterboy Washing Ltd may
suspend or terminate the provision of Services to the Client. Waterboy Washing Ltd will not be liable to the Client for any loss or damage the Client suffers because Waterboy Washing Ltd has exercised its rights under this clause.
13.2 Waterboy Washing Ltd may cancel any contract to which these terms and conditions apply, or cancel provision of the Services at any time before the Services have commenced, by giving written notice to the Client. On giving such
notice Waterboy Washing Ltd shall repay to the Client any money paid by the Client for the Services. Waterboy Washing Ltd shall not be liable for any loss or damage whatsoever arising from such cancellation.
13.3 In the event that the Client cancels the Services, the Client shall be liable for any loss incurred by Waterboy Washing Ltd (including, but not limited to, any amounts owing for Services already provided, and any loss of profits) up to
the time of cancellation. Where notification by the Client of such cancellation is provided to Waterboy Washing Ltd less than twenty-four (24) hours prior to scheduled provision of the Services, a cancellation fee of fifty percent (50%) of
the Price may be applicable (at the sole discretion of Waterboy Washing Ltd).
14. Privacy Policy
14.1 All emails, documents, images or other recorded information held or used by Waterboy Washing Ltd is Personal Information as defined and referred to in clause 14.3 and therefore considered confidential. Waterboy Washing Ltd
acknowledges its obligation in relation to the handling, use, disclosure and processing of Personal Information pursuant to the Privacy Act 1993 (“the Act”) including Part II of the OECD Guidelines and as set out in Schedule 5A of the Act
and any statutory requirements where relevant in a European Economic Area “EEA” under the EU Data Privacy Laws (including the General Data Protection Regulation “GDPR”) (collectively, “EU Data Privacy Laws”). Waterboy Washing
Ltd acknowledges that in the event it becomes aware of any data breaches and/or disclosure of the Client’s Personal Information, held by Waterboy Washing Ltd that may result in serious harm to the Client, Waterboy Washing Ltd will
notify the Client in accordance with the Act and/or the GDPR. Any release of such Personal Information must be in accordance with the Act and the GDPR (where relevant) and must be approved by the Client by written consent, unless
subject to an operation of law.
14.2 Notwithstanding clause 14.1, privacy limitations will extend to Waterboy Washing Ltd in respect of Cookies where the Client utilises Waterboy Washing Ltd’s website to make enquiries. Waterboy Washing Ltd agrees to display
reference to such Cookies and/or similar tracking technologies, such as pixels and web beacons (if applicable), such technology allows the collection of Personal Information such as the Client’s:
(a) IP address, browser, email client type and other similar details;
(b) tracking website usage and traffic; and
(c) reports are available to Waterboy Washing Ltd when Waterboy Washing Ltd sends an email to the Client, so Waterboy Washing Ltd may collect and review that information (“collectively Personal Information”)
If the Client consents to Waterboy Washing Ltd’s use of Cookies on Waterboy Washing Ltd’s website and later wishes to withdraw that consent, the Client may manage and control Waterboy Washing Ltd’s privacy controls via the Client’s
web browser, including removing Cookies by deleting them from the browser history when exiting the site.
14.3 The Client authorises Waterboy Washing Ltd or Waterboy Washing Ltd’s agent to:
(a) access, collect, retain and use any information about the Client;
(i) (including, name, address, D.O.B, occupation, driver’s license details, electronic contact (email, Facebook or Twitter details), medical insurance details or next of kin and other contact information (where applicable), previous credit
applications, credit history or any overdue fines balance information held by the Ministry of Justice) for the purpose of assessing the Client’s creditworthiness; or
(ii) for the purpose of marketing products and services to the Client.
(b) disclose information about the Client, whether collected by Waterboy Washing Ltd from the Client directly or obtained by Waterboy Washing Ltd from any other source, to any other credit provider or any credit reporting agency for the
purposes of providing or obtaining a credit reference, debt collection or notifying a default by the Client.
14.4 Where the Client is an individual the authorities under clause 14.3 are authorities or consents for the purposes of the Privacy Act 1993.
14.5 The Client shall have the right to request (by e-mail) from Waterboy Washing Ltd, a copy of the Personal Information about the Client retained by Waterboy Washing Ltd and the right to request that Waterboy Washing Ltd correct
any incorrect Personal Information.
14.6 Waterboy Washing Ltd will destroy Personal Information upon the Client’s request (by e-mail) or if it is no longer required unless it is required in order to fulfil the obligations of this Contract or is required to be maintained and/or
stored in accordance with the law.
14.7 The Client can make a privacy complaint by contacting Waterboy Washing Ltd via e-mail. Waterboy Washing Ltd will respond to that complaint within seven (7) days of receipt and will take all reasonable steps to make a decision as
to the complaint within twenty (20) days of receipt of the complaint. In the event that the Client is not satisfied with the resolution provided, the Client can make a complaint to the Information Commissioner at
https://www.privacy.org.nz/your-rights/making-a-complaint/
15. Service of Notices
15.1 Any written notice given under this Contract shall be deemed to have been given and received:
(a) by handing the notice to the other party, in person;
(b) by leaving it at the address of the other party as stated in this Contract;
(c) by sending it by registered post to the address of the other party as stated in this Contract;
(d) if sent by facsimile transmission to the fax number of the other party as stated in this Contract (if any), on receipt of confirmation of the transmission;
(e) if sent by email to the other party’s last known email address.
15.2 Any notice that is posted shall be deemed to have been served, unless the contrary is shown, at the time when by the ordinary course of post, the notice would have been delivered.
16. Trusts
16.1 If the Client at any time upon or subsequent to entering in to the Contract is acting in the capacity of trustee of any trust (“Trust”) then whether or not Waterboy Washing Ltd may have notice of the Trust, the Client covenants with
Waterboy Washing Ltd as follows:
(a) the Contract extends to all rights of indemnity which the Client now or subsequently may have against the Trust and the trust fund;
(b) the Client has full and complete power and authority under the Trust to enter into the Contract and the provisions of the Trust do not purport to exclude or take away the right of indemnity of the Client against the Trust or the trust fund.
The Client will not release the right of indemnity or commit any breach of trust or be a party to any other action which might prejudice that right of indemnity;
(c) the Client will not without consent in writing of Waterboy Washing Ltd (Waterboy Washing Ltd will not unreasonably withhold consent), cause, permit, or suffer to happen any of the following events:
(i) the removal, replacement or retirement of the Client as trustee of the Trust;
(ii) any alteration to or variation of the terms of the Trust;
(iii) any advancement or distribution of capital of the Trust; or
(iv) any resettlement of the trust property.
17. General
17.1 The failure by Waterboy Washing Ltd to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect Waterboy Washing Ltd’s right to subsequently enforce that provision. 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.
17.2 These terms and conditions, and any contract to which they apply, shall be governed by the laws of New Zealand, and are subject to the jurisdiction of the courts of New Zealand.
17.3 References to any laws or regulations in this Contract include references to amended, replacement and successor provisions thereof.
17.4 Waterboy Washing Ltd shall be under no liability whatsoever to the Client for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the Client arising out of a breach by Waterboy Washing Ltd of
these terms and conditions (alternatively Waterboy Washing Ltd’s liability shall be limited to damages which under no circumstances shall exceed the Price).
17.5 The Client hereby disclaims any right to rescind, or cancel any contract with Waterboy Washing Ltd or to sue for damages or to claim restitution arising out of any inadvertent misrepresentation made to the Client by Waterboy
Washing Ltd and the Client acknowledges that the Services are bought relying solely upon the Client’s skill and judgment.
17.6 If the Client is acquiring Services for the purposes of a trade or business, the Client acknowledges that the provisions of the Consumer Guarantees Act 1993 do not apply to the provision of Services by Waterboy Washing Ltd to the
Client.
17.7 Waterboy Washing Ltd may license or sub-contract all or any part of its rights and obligations without the Client’s consent.
17.8 The Client agrees that Waterboy Washing Ltd may amend their general terms and conditions for subsequent future contracts with the Client by disclosing such to the Client in writing. These changes shall be deemed to take effect
from the date on which the Client accepts such changes, or otherwise at such time as the Client makes a further request for Waterboy Washing Ltd to provide Services to the Client.
17.9 Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond the reasonable control of either party.
17.10 The Client warrants that it has the power to enter into this Contract and has obtained all necessary authorisations to allow it to do so, it is not insolvent and that this Contract creates binding and valid legal obligations on it