Terms of Use and trade 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“TMD” means Travel
Motors Direct Limited, its successors and
assigns or any person acting on behalf of and with the authority of Travel
Motors Direct Limited. 1.3“Customer” means the person/s, entities or any
person acting on behalf of and with the authority of the Customer requesting TMD
to provide the Services as specified in any proposal, quotation, order, invoice
or other documentation, and: (a)if there is more than one Customer, is a reference to each Customer
jointly and severally; and (b)if the Customer is a partnership, it shall bind each partner jointly and
severally; and (c)if the Customer is a part of a Trust, shall be bound in their capacity
as a trustee; and (d)includes the Customer’s executors, administrators, successors and
permitted assigns. 1.4“Goods” means all Goods or Services supplied by TMD
to the Customer at the Customer’s request from time to time (where the context so permits the terms ‘Goods’
or ‘Services’ shall be interchangeable for the other). 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 Customer does not wish to allow Cookies
to operate in the background when ordering from the website, then the Customer
shall have the right to enable / disable the Cookies first by selecting the
option to enable / disable provided on the website, prior to ordering Goods via
the website. 1.7“Price” means the Price payable (plus any Goods and
Services Tax (“GST”) where applicable) for the Goods as agreed between TMD and
the Customer in accordance with clause 7 below. 2.Acceptance 2.1The Customer is taken to have exclusively accepted and
is immediately bound, jointly and severally, by these terms and conditions if
the Customer places an order for or accepts Delivery of the Goods. 2.2In
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. 2.3Any
amendment to the terms and conditions contained in this Contract may only be
amended in writing by the consent of both parties. 2.4The
Customer acknowledges and accepts that: (a)the supply of Goods on
credit shall not take effect until the Customer has completed a credit
application with TMD and it has been approved with a credit limit established
for the account.In the event that the supply of Goods
request exceeds the Customers credit limit and/or the account exceeds the
payment terms, TMD reserves the right to refuse Delivery; and (b)the supply of Goods for accepted
orders may be subject to availability and if, for any reason, Goods are not or
cease to be available, TMD reserves the right to vary the Price with
alternative Goods as per clause 7.2. Notwithstanding
clause 2.6 TMD also reserves the
right at their discretion to introduce additional new Goods as part of the
Goods to be supplied; and (c)all descriptive specifications, illustrations, drawings, data,
dimensions and weights stated in TMD’s fact sheets, price lists or advertising
material, are approximate only and are given by way of identification only. The
Customer shall not be entitled to rely on such information, and any use of such
does not constitute a sale by description, and does not form part of the
contract, unless expressly stated as such in writing by TMD; and (d)the performance of the Goods is given in good faith, and estimates are
based on industry standard prescribed estimates. TMD is under no liability for
damages for failure of the Goods to attain such performance standards, figures
or quality, unless specifically warranted in writing. Any such warranties are subject to the
recognised tolerances applicable to such performance standards figures or quality. 2.5In the event that the Goods
and/or Services provided by TMD are the subject of an insurance claim that the
Customer has made, then the Customer shall be responsible for the payment of
any monies payable to the insurance company and agrees to honour their
obligation for payment for such transactions invoiced by TMD and shall ensure
payment is made by the due date irrespective of whether the insurance claim is
successful. 2.6These terms and
conditions are meant to be read in conjunction with the Terms and Conditions
posted on TMD’s website. If there are any inconsistencies between the documents
then the terms and conditions contained in this document shall prevail. 2.7Electronic 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.
