Terms and Conditions
- DEFINITIONS
- “A-Jet Services Ltd” shall mean A-Jet, A-Jet Prorestore, A-Jet Carpet Services, A-Jet Pest Control, or any agents or employees thereof.
- “Customer” shall mean the customer, any person acting on behalf of and with the authority of the customer, or any person contracting services from A-Jet.
- “Services” shall mean all services, materials and advice provided by A-Jet to the customer including without limitation all carpet services, carpet and upholstery cleaning, flood restoration, stain removal, smoke remediation, mould remediation, carpet repairs and laying, pest control, fabric protection and all charges for labour and work, hire charges, insurance charges, or any fee or charge associated with the supply of services by A-Jet to the customer.
- “Price” shall mean the cost of the services as agreed between A-Jet and the customer subject to clause 3 of this contract.
- ACCEPTANCE
- Any instructions received by A-Jet from the customer for the supply of services shall constitute a binding contract and acceptance of the terms and conditions contained herein.
- Upon acceptance of these terms and conditions by the customer the terms and conditions are binding and can only be amended with the written consent of A-Jet.
- PRICE
- Where no price is stated in writing or agreed to verbally the services shall be deemed to be sold at the current amount as such services are sold by A-Jet at the time of the contract.
- The price may be increased by the amount of any reasonable increase in the cost of supply of the services that is beyond the control of A-Jet between the date of the contract and delivery of the services. This includes (but without limitation) any increase in labour costs, costs of materials or services.
- The Customer agrees to pay the price indicated on the invoice for the services provided by A-Jet. Any price estimate or quote made by A-Jet or any agent or employee of A-Jet or contained in advertisements, price lists or other similar matter, is not binding on A-Jet and the Customer accepts and acknowledges that the price of services will be that as set out in the A-Jet’s invoice. However, if the Customer satisfies A-Jet that the price on the invoice is an error then A-Jet will reissue the invoice showing the correct price.
- PAYMENT
- Payment is required in full prior to the completion of work (“the due date”) unless otherwise agreed in writing with A-Jet, of which will stipulate that payment for services shall be then made within seven (7) days of the date of the invoices (“the due date”) or before the 20th day of the month following the date of the invoice (“the due date”).
- All payments by the customer must be made in full without any deduction or right of set off or counter claim.
- Without prejudice to any other remedies A-Jet may have for any overdue payment, A-Jet may charge Interest on any amount owing after the due date at the rate of 2.5% per month or part month.
- Without prejudice to any other remedies which A-Jet might have:
(a) failure by the customer to pay for services in accordance with the agreement; or
(b) failure by the customer to otherwise comply with the terms of the agreement; or
(c) if A-Jet deems the customer’s credit to be unsatisfactory,
will entitle A-Jet to cease supply of future services to the customer and cancel any current or future services. Upon such cancellation and without prejudice to any other remedies which A-Jet might have, all credit in favour of the customer will cease and all payments outstanding will become immediately due and payable to A-Jet. A-Jet may also take possession of such item of goods and otherwise exercise in relation to the goods any of its rights whether those rights are as owner and/or unpaid seller or otherwise and whether those rights are conferred by common law, contract, statute or in any other way. - In accepting any payments from the customer, A-Jet will not be bound by any conditions or qualifications or terms which the customer may have attached to those payments.
- Any expenses, disbursements and legal costs incurred by A-Jet in the enforcement of any rights contained in this contract shall be paid by the customer, including any reasonable solicitor’s fees and any debt collection agency fee.
- QUOTATION
- Where a quotation is given by A-Jet for services the quotation shall be valid for seven (7) days from the date of issue unless otherwise stipulated in writing by A-Jet; and
- The quotation shall be exclusive of Goods and Services Tax unless specifically stated to the contrary.
- Where services are required in addition to the quotation the customer agrees to pay for the additional cost of such services.
- GUARANTEE
- A-Jet guarantees that all services will be provided with professionalism and required expertise.
- The active life of products used in pest services is guaranteed per the manufacturer’s guarantee, on the provision that all recommendations and advice provided by A-Jet are adhered to.
- CANCELLATION
- A-Jet may cancel this contract at any time before the services are carried out by giving notice verbally or written to the customer. Any payment for services received in advance by A-Jet will be reimbursed to the customer.
- The Customer may cancel this contract at any time before the services are carried out by giving no less than 24-hours’ notice to A-Jet. Where less than 24-hours’ notice is given, the Customer may be liable for 50 percent of the contracted service price at the discretion of A-Jet.
- A-Jet shall not be liable for any loss or damage whatever arising from any cancellation.
- DISPUTES
- No claim relating to services will be considered unless made within forty-eight (48) hours of completion of the services.
- DISPARAGING STATEMENTS
- The customer shall not make any disparaging statement directed at A-Jet or the services provided by A-Jet publicly, including but not limited to social media, public forums, online forums, and blogs.
- LIABILITY
- The Consumer Guarantees Act 1993, the Commerce Act 1986, the Fair Trading Act 1986 and other statutes may imply warranties or conditions or impose obligations upon A-Jet which cannot by law (or which can only to a limited extent by law) be excluded or modified. In respect of any such implied warranties, conditions or terms imposed on A-Jet, A-Jet liability shall, where it is allowed, be excluded or if not able to be excluded only apply to the minimum extent required by the relevant statute.
- Except as otherwise provided by clause 11.1 A-Jet shall not be liable for any loss or damage of any kind whatsoever including consequential loss whether suffered or incurred by the customer or another person and whether in contract, or tort, or otherwise and whether such loss or damage arises directly or indirectly from services provided by A-Jet to the customer; and
- The customer shall indemnify A-Jet against all claims and loss of any kind whatsoever however caused or arising and without limiting the generality of the foregoing of this clause whether caused or arising as a result of the negligence of A-Jet or otherwise, brought by any person in connection with any matter, act, omission, or error by A-Jet, its agents or employees in connection with the services.
- CONSUMER GUARANTEES ACT
- The guarantees contained in the Consumer Guarantees Act 1993 are excluded where the customer acquires services from A-Jet for the purposes of a business in terms of section 2 and 43 of that Act.
- PERSONAL GUARANTEE OF COMPANY DIRECTORS OR TRUSTEES
- If the customer is a company or trust, the director(s) or trustee(s) entering this contract, in consideration for A-Jet agreeing to supply services and grant credit to the customer, also sign this contract in their personal capacity and jointly and, severally personally guarantee and undertake to A-Jet the payment of any and all other monies now or hereafter owed by the customer to A-Jet. Any personal guarantee made by any party shall not exclude the customer in any way whatsoever from the liabilities and obligations contained in this contract. The guarantors and customer shall be jointly and severally liable under the terms and conditions of this contract.
- COLLECTION AND USE OF INFORMATION
- The Customer authorises A-Jet to collect, retain and use any information about the customer, or for the purpose of assessing the customer’s credit worthiness, enforcing any rights under this contract, or marketing any services provided by A-Jet to any other party.
- MISCELLANEOUS
- The customer shall not assign all or any of its rights or obligations under these terms and conditions without the written consent of A-Jet.
- Failure by A-Jet to enforce any of these terms and conditions shall not be deemed to be a waiver of any of the rights or obligations A Jet has under this contract.
- Where these terms and conditions are at variance with the order or instruction from the customer, this contract shall prevail.
- GENERAL TERMS AND CONDITIONS FOR SALES/PROMOTIONS
- The customer shall not assign all or any of its rights or obligations under these terms and conditions without written consent of A-Jet.
- No promotional reward or discount will be applied in retrospect.
- Promotional codes must be quoted at time of booking.
- A-Jet reserve the right to amend, vary or cancel promotional programs or promotions at any stage, for any reason without notice.
- A-Jet may cancel any membership to any promotional program at any time in its absolute discretion without notice.
- You may opt out of any promotional program at any time by emailing [email protected].
- Participation in any promotional program or promotion is deemed acceptance of these terms and conditions as well as our standard terms and conditions.
- REFERRAL PROGRAM
- The Referred customer will receive NZD$20.00 to be used against their first booking. The Referrer will receive NZD$20.00 to be used within 12-months from the date the Referred books.
- You (“Referrer) can refer friends, family, and acquaintances (“Referees”) to A-Jet.
- The Referee must quote your name and promotional code REF20 at the time of booking. They will then receive NZ$20.00 credit against their first booking.
- To use your credit, you must book your next service within 12-months and quote your Referee name and promotional code REF20 at the time of booking. You will then receive a credit of NZ$20.00 against your booking.
- The Referred must pay in full for service before the Referrer receives the reward.
- Referred individuals must not already be registered or have an existing relationship with A-Jet.
- Participants in the program must comply with all up-to-date “SPAM” laws.