CANTERBURY DRIVER TRAINING LIMITED trading as CANDRIVE Terms and Conditions of Trade (June 2022)
By confirming your booking, you are agreeing to the following terms and conditions:
1. Definitions
In these terms and conditions:
“Contract” means the contract between the Client and Candrive for the provision of Services by Candrive of which these terms and conditions form part including an Agreement for Provision of Services.
“Client” means the person acting on behalf of and with the authority of the Client requesting Candrive to provide Services.
“Course” means any Course or Services provided by Candrive to the Client and includes any advice or recommendation including Driver training.
“Employee” means the client’s employee or employees participating in the Training Program provided by Candrive.
“Fee” means:
Where a quote or estimate has been given, the Fee for the Services recorded in that quote; and/or
Candrive’s usual charges for completing the Service,
Plus additional charges pursuant to these terms and conditions, GST inclusive.
“Quote” means any quotation or estimate provided by or on behalf of Candrive verbally, electronically or in writing.
“Candrive” means Canterbury Driver Training Limited trading as Candrive, its assignors and/or successors, employees, representative or agents.
“Services” includes all Services and/or Courses supplied or required to be supplied by Candrive in the course of performance of the Contract.
“Training Services and Course Work”
means all Training Services and Course Work supplied by Candrive to the Client and includes any training including the provision of the Course.
2. Acceptance of Terms and Conditions
2.1 Contracting Candrive to provide Services (including bookings made by telephone, email or on Candrive’s website) or acceptance of a quote provided by Candrive constitutes acceptance by the Client of these terms and conditions.
2.2 These terms and conditions are to be read in conjunction with the terms provided on Candrive’s Website and any specific information provided regarding the Services. If there are any inconsistencies, then these terms and conditions prevail. Candrive reserves the right to amend these Terms and Conditions at any time upon written notice to the Client.
3. Fees
3.1. The Client shall pay to Candrive the Fee for Services. At Candrive’s sole discretion the Fee shall be either:
3.1.1.1. as indicated on an invoice provided to the Client; or
3.1.1.2. the Fee as at the date of delivery of the Services pursuant to Candrive’s current Fee schedule; or
3.1.1.3. the quoted Fee provided to the Client by Candrive which will be valid for the period stated in the quotation or otherwise for a period of thirty (30) days from issue of the quotation.
3.2. All Services are supplied at the Fee applicable at the date a booking is confirmed or a contract for Services is entered into and Candrive reserves the right to pass on to the Client any change in Fee due to a variation in the Contract for Services.
3.3. The Client agrees that if Candrive deems it necessary to provide any goods to assist in the provision of its Services on behalf of the Client, the Client will indemnify Candrive for payment (including but not limited to paper, folders, clipboards, printing, and photos).
3.4. The Services supplied do not include the following unless specified in writing by Candrive:
3.4.1. travel and accommodation and meals required to provide authorised on-site Services;
The costs listed above will be invoiced in addition to the services provided
3.4.2. courier and freight charges;
3.4.3. products and services supplied by a third party. Where the provision of Services requires Candrive to obtain products and/or services from a third party, the agreement between Candrive and the Client shall incorporate, and shall be subject to, the conditions of supply of such products and/or services to Candrive, and the Client shall be liable for the cost in full including Candrive’s margin of such products and/or services;
3.4.4. any direct costs other than Candrive’s employee’s time and ordinary overheads;
3.4.5. Reassessment and/or additional training due to clients not yet achieved status will incur additional costs/charges
3.4.6. any other sundry items.
4. Quotes and Estimates
4.1. All Quotes and estimates are provided strictly on the following basis:
4.1.1. If additional attendance or training is required that could not be foreseen by Candrive at the time of providing the quote, then Candrive may charge for such additional Services at Candrive’s usual rate.
4.1.2. Any Quote is only valid for thirty (30) days from the date of the quote unless otherwise agreed.
5. Variations
Any variation from the plan of scheduled Services (including, but not limited to, any variation due to equipment or Training Services and Course Work being unavailable for the scheduled training, or as a result of increases to Candrive in the cost of Training Services and Course Work and staffing, or as a result of an increase in time as requested by the Client, or as a result of travel, phone, and courier costs incurred by Candrive on behalf of the Client) will be charged for on the basis of Candrive’s Agreement for Provision of Services and will be detailed in writing, and shown as variations on Candrive’s invoice.
6. Payment
6.1. Candrive may issue one or more invoice(s) to the Client for Services, at Candrive’s sole discretion and the Fee shall be either:
6.1.1. as indicated on any invoice provided by Candrive to the Client; or
6.1.2. the Fee as at the date of provision of the Services according to Candrive’s then current Fee schedule; or
6.1.3. Candrive’s quoted Fee (subject to clause 4 above).
6.2. Time for payment for the Services being of the essence, the Fee will be payable by the Client on the date/s determined by Candrive, which may be:
6.2.1. before delivery of the Services;
6.2.2. on delivery of the Services;
6.2.3. for certain approved Clients, due twenty (20) days following the end of the month in which an invoice is emailed or posted to the Client’s address or address for notices;
6.2.4. the date specified on any invoice or other form as being the date for payment;
6.2.5. failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Client by Candrive; or
6.2.6. if there is any conflict between the Clients’ own payment terms and conditions, Candrive’s payment terms and conditions prevail.
6.3. Payment may be made by cash, electronic/on-line banking, credit card (a surcharge may apply per transaction), or by any other method as agreed to between the Client and Candrive.
6.4. Receipt by Candrive 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. Until then Candrive’s ownership or rights in respect of the Incidental Items (including but not limited to Certificates, which shall only be released upon payment in full) shall continue.
6.5. The Client shall not be entitled to set off against, or deduct from, the Fee any sums owed or claimed to be owed to the Client by Candrive nor to withhold payment of any invoice because part of that invoice is in dispute.
6.6. GST and other taxes and duties that may be applicable shall be added to the Price except when they are expressly included in the Price.
6.7. If full payment is not made by the Client to Candrive in accordance with clause 6.2 above then the Client will be in default under this Contract; and
6.7.1. The Client will pay interest on the default monies at the rate of 2.5% per annum at the time of default, payable on a daily basis from the due date; and
6.7.2. The Client will be liable for all expenses (including solicitor – own client legal costs) incurred by Candrive as a result of the default;
6.7.3. Candrive may withhold the further supply of Services; and
6.7.4. These Terms and Conditions shall be governed by laws of New Zealand and subject to the jurisdiction of the courts of Christchurch, New Zealand.
7. Validity of Payment
7.1. The Client acknowledges that:
7.1.1. All payments made to the Client’s account with Candrive are in the ordinary course of the Client’s business; and
7.1.2. All payments to the Client’s account are received by Candrive on the reasonably held belief that those payments are valid unless the Client advises otherwise in writing; and
7.1.3. By accepting any payments on or after the due date for payment Candrive has altered its position in reliance on the validity of those payments.
8. Attendance and Punctuality
8.1. The Client acknowledges and accepts Candrive has a minimum number of attendees required when providing a dedicated course at the Client’s premises (or location as specified by the Client) which is:
8.1.1. Endorsements: minimum 6;
8.1.2. Licence: minimum 4.
8.1.3 Evaluation and practical training charge- minimum 4 hours
8.2 Notwithstanding clause 8.1, Candrive reserves the right to charge a minimum daily rate of one thousand, six hundred and fifty dollars ($1,650.00 including GST) where the Client fails to meet the minimum attendance numbers.
8.3 It is recommended by Candrive that the Client arrives at least ten (10) minutes prior to the scheduled starting time of the course. Candrive reserves the right to refuse entry to a course if the Client/attendee arrives once the Course has commenced. The Course is then deemed cancelled under clause 9.3.3.
8.4 It is the responsibility of the Client to advise if the Client is to be absent as soon as is practically possible. Whenever possible Candrive will reschedule a cancelled or postponed course subject to availability, however, failure to resolve such an occurrence then either clause 9.3 or clause 8.2 will apply subject to the category of booking made.
8.5 The Client will not be able to attend lessons, training or assessments for any period of time during which:
8.5.1 the Client is suffering from a disease or condition which is contagious through normal social contact; or
8.5.2 a medical practitioner has recommended the Client not attend; or
8.5.3 Candrive in its sole discretion believes the Client has any medical condition that may adversely affect the client’s driving/operating ability or is under the influence of alcohol or drugs (prescription or otherwise) that may impair the Client’s ability to safely operate a vehicle or machinery.
8.5.4 the Client is unable to produce the required documentation on the day of the course.
8.5.5 the Client is unable to produce the required PPE on the day of the course.
Candrive will provide details of all required documentation and PPE to the client in advance of the course.
8.6 Candrive reserves the right to refuse to participate or be part of a course if Candrive believes the Client is under the influence of drugs and/or alcohol.
9. Cancellation
9.1 If at any time the Client is in breach of any obligation (including those relating to payment) under these terms and conditions, Candrive may suspend or terminate the supply of Services to the Client. Candrive will not be liable to the Client for any loss or damage the Client suffers because Candrive has exercised its rights under this clause.
9.2 Candrive may cancel any Agreement to which these terms and conditions apply or cancel delivery of Services or reschedule, at any time before the Services are commenced, by giving verbal, electronic message or written notice to the Client. On giving such notice Candrive shall repay to the Client any money paid by the Client for the Services, if said services have not been delivered. Candrive shall not be liable for any loss or damage whatsoever arising from such cancellation. Cancellation of practical training due to unsafe/unfit vehicles, equipment or machinery or environment provided by the Client incurs a minimum day rate charge. (Please refer to clause 8.2.)
9.3 In the event that the Client cancels delivery of the Services (including circumstances where the attendee does not hold the correct licence and/or cannot produce the correct licence prior to the Services commencing) the Client shall be liable for any and all loss incurred (whether direct or indirect) by Candrive as a direct result of the cancellation (including, but not limited to, any loss of profits), notwithstanding that at Candrive’s sole discretion, a cancellation Fee will apply being:
9.3.1 twenty-five percent (25%) of the fee where cancellation is given within one (1) week of when the training is due to take place; or
9.3.2 fifty percent (50%) where cancellation is given within forty-eight (48) hours of when the training is due to take place; or
9.3.3 one hundred percent (100%) where cancellation is given within twenty-four (24) hours of when the training is due to take place.
Allowance will be made, whenever possible, to reschedule a cancelled or postponed Course subject to availability.
9.4 All applications for a refund of the Fee (or any part of the Fee) must be made in writing within seven (7) days prior to commencement of the Course to Candrive’s Accounts Manager. No refund on Fees shall be made where the Client cancels the Course outside this timeframe.
10. Intellectual Property
Candrive and the Client agree that Candrive retains all ownership rights in all intellectual property of any kind created by Candrive for the Services provided to the Client. The Client may not reproduce or provide anything created by Candrive to any third party without Candrive’s express consent. Upon completion of the Services the Client must, if requested, return all copies of manuals and other written materials, including those in electronic form.
11. Insurance
The Client is responsible for all insurance related risk in respect of their vehicles, machinery and equipment used by their employees, agents or Candrive’s instructors used in the provision of any training or Services. Candrive is responsible for insurance related to risk in respect of Candrive’s vehicles.
12. Consumer Guarantees Act
12.1. Where Candrive is supplying Services to the Client for business purposes within the meaning of the Consumer Guarantees Act 1993, pursuant to Section 43 the provisions of that Act will not apply to this contract.
12.2. Where Candrive is supplying Services to the Client other than for business purposes the provisions of the Consumer Guarantees Act 1993 will apply.
13. Information and Privacy Act
13.1. The Client warrants that they have provided correct and current personal or business information, including current and valid relevant licence details, to Candrive in respect of any and all bookings made
13.2. For the purpose of facilitating the efficient running of Candrive’s business, the Client authorises Candrive:
13.2.1. To collect all information it may require from any third parties and authorises those third parties to release that information to Candrive; and
13.2.2. To hold all information given by the Client or any third parties to Candrive; and
13.2.3. To use that information, including giving information to any other person to facilitate collection of debts from the Client.
13.3. The information will be collected, held and used on the condition that:
13.3.1. It will be held securely at Candrive’s registered office and/or any secure cloud server subscribed to by Candrive; and
13.3.2. It will be accessible to any of Candrive’s employees and agents who need access to it for the efficient running of Candrive’s business; and
13.3.3. The Client may request access to and correction of it at any time.
13.3.4. Candrive will destroy or return the information to the Client if requested following the eighteen (18) month minimum period that information is required to be held by NZTA.
13.4. Candrive’s full Privacy Policy in accordance with the Privacy Act 2020 is available on the website and by email on request.
14. Limitation of Liability
14.1 Candrive will not be liable for any loss of profits, any consequential indirect loss, or any damages of any kind arising directly or indirectly from any breach of their obligations under this contract or in tort or otherwise.
14.2 Candrive will not be liable where losses are the result of the Client’s or their agent’s negligence or failure.
14.3 Candrive’s maximum liability will not exceed the Fee paid for the Services for the three (3) months immediately prior to the date a claim is received.
15. Waiver and Forbearance
All Candrive’s rights will remain in full force despite any delay in enforcement. Candrive will not be deemed to have waived any condition unless that waiver is in writing and signed by a duly authorised officer of Candrive. Any waiver will apply only to the particular matter in respect of which it is given.
16. Assignment
16.1. Candrive is entitled at any time to assign its rights under the contract. The assignee will be entitled to claim full rights of set off or counter claim against the Client, its charge holders or successors in respect of the debt or part of the debt which is assigned. Candrive will provide notice to the Client of any assignment of its rights under the contract where reasonably possible.
16.2. The Client is not entitled to assign its rights under this contract.
17. Entire Contract
Candrive and Client agree that these terms express the complete agreement between them. There has been no representation made by either party to the other except as expressly set out in this document.
18. Termination
18.1. This contract (including any unperformed obligations of Candrive) may be terminated by Candrive’s written notice to the Client that no further Services will be supplied due to:
18.1.1. The Client’s default under the contract; or
18.1.2. The Client becoming insolvent; or being subject to the appointment of a receiver, manager, liquidator, or statutory manager; or committing an act of bankruptcy or making a scheme of arrangement with its creditors; or being unlikely to be able to meet its obligations to Candrive (in the opinion of Candrive).
18.2. The agreements of the parties will not merge with termination under this clause.
19. Dispute
19.1. If either party considers that there is a dispute in respect of matters arising out of these Terms and Conditions, then that party shall immediately give notice to the other party setting out details of the dispute. The parties shall endeavour in good faith to resolve the dispute between themselves within thirty (30) days of notice of the dispute. Failing resolution, the parties will commence mediation to resolve the dispute if required by either party.
20. Service of Notices
20.1. Any written notice given under this Agreement shall be deemed to have been given and received:
20.1.1. by handing the notice to the other party, in person;
20.1.2. by leaving it at the address of the other party as stated in this Agreement;
20.1.3. by sending it by registered post to the address of the other party as stated in this Agreement;
20.1.4. if sent by facsimile transmission to the fax number of the other party as stated in this Agreement (if any), on receipt of confirmation of the transmission;
20.1.5. if sent by email to the other party’s last known email address by text or any other form.
20.2 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.