Terms and Conditions

1 Preamble

From time to time the first party to these terms and conditions, requests goods, services and/or information (G.S.I.) of others.
From time to time other parties requests G.S.I. from the first party to these terms and conditions.
These terms and conditions specify the conditions of contract between the first party to these terms and conditions, and others

2 The parties

2.1 First party:

Mr Lindsay J Robertson (the first party)

2.2 Second party:

The party from whom the first party requests G.S.I.,
OR
The party requesting G.S.I. from the first party.

2.3 Parties authorised to act

the first party is authorised to act as the first party.
The person who offers G.S.I. on behalf of second party, is deemed to be authorised to offer the requested G.S.I.
The person who offers G.S.I. on behalf of second party, is deemed to be authorised to accept these conditions on behalf of the second party.

3 Goods, Services and information (G.S.I.)

3.1 Services requested by first party

From time to time the first party will request G.S.I. from a second party.
The first party's request will define the G.S.I. requested. Upon written request by the second party, the first party will supply a sworn statement defining the G.S.I. requested.

2.2 Services requested of first party

The first party will not unreasonably with-hold services (including provision of information reasonably required), however all services are chargable at the specified rates.
The first party may waive such charges, at first party's discretion.

4 Contract formation and acceptability

4.1 Acceptance by second party

Payment is only offered (for G.S.I as requested and defined in 2, above) by the first party, under the terms and conditions in this document.
Upon acceptance of the first party's payment (by the agent of the second party), these conditions are agreed and come into force and supersede any and all other conditions that might have been previously proposed.

4.2 Acceptability of terms and conditions

By accepting the first party's payment, the second party explicitly acknowledges that the conditions defined in this document are in all ways acceptable, and in no way impede or limit the future offer of services from the second party to the first party.

4.3 Variations

Parties may vary the terms and conditions in this document by mutual consent.
Changes shall be recorded in writing, signed and dated by both parties and copied to both parties.

5 Obligations of parties

5.1 Payment by the first party, for requested G.S.I

Where the first party has requested G.S.I, and a fee/payment has been nominated by the second party, then the first party will pay the nominated amount in full, at or before the requested date/time, unless specific alternative arrangements have been made.

5.2 Provision of G.S.I by the second party.

The second party shall provide the G.S.I agreed in 2 above, at the times and places agreed, and at a quality "fit for purpose". No limitation or deprecation of the quality or timeliness of provision of the G.S.I, will be acceptable following the formation of this contract.

5.2 Payment for G.S.I requested of the first party

Where the second party has requested G.S.I from the first party, the standard fees become payable immediately upon provision of the G.S.I.

6 Breach of contract

Following the formation of the contract (as defined above), if the second party should fail to provide the G.S.I in the agreed manner and time, the first party shall be entitled to acquire the contracted G.S.I from other providers.
When contracted G.S.I are acquired from a second provider (as a result of the second party's failure to provide), any additional costs of the alternative G.S.I. provision, plus the actual time-costs incurred by the first party in acquiring the G.S.I. are payable immediately by the second party to the first party.
Failure of the second party to pay these changes upon request will incur both interest charges on the outstanding amount and any charges incurred by the first party in the course of recovering the monies.

7 Rates

The time-charges applied by the first party are NZD200 per hour, with a minimum of 1 hour.
Interest charges on unpaid charges against the second party, will be calculated on a monthly compounding interest basis, and at the credit card interest rate which is in force at the date when the charge is incurred.